§Why CasetextPricing

Ang et al v. Bimbo Bakeries USA, Inc.

RESPONSE

58 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,550 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,222 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  3. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,567 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  4. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 927 times   35 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

  5. Kasky v. Nike

    27 Cal.4th 939 (Cal. 2002)   Cited 671 times   6 Legal Analyses
    Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL

  6. Kelley v. Mortgage Electronic Registration Systems, Inc.

    642 F. Supp. 2d 1048 (N.D. Cal. 2009)   Cited 261 times
    Finding plaintiffs' claims preempted by HOLA and stating that plaintiffs "must reframe them in terms of HOLA violations and show that the statute provides a private right of action for the alleged violations"

  7. Sateriale v. R.J. Reynolds Tobacco Co.

    697 F.3d 777 (9th Cir. 2012)   Cited 188 times   1 Legal Analyses
    Holding that because the plaintiffs' UCL and CLRA claims sounded in fraud, they had to prove reliance

  8. In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation

    754 F. Supp. 2d 1145 (C.D. Cal. 2010)   Cited 195 times   1 Legal Analyses
    Holding that one or more named plaintiffs may satisfy the notice requirements of section1782 on behalf of the entire putative class

  9. First Nationwide Savings v. Perry

    11 Cal.App.4th 1657 (Cal. Ct. App. 1992)   Cited 238 times   1 Legal Analyses
    Holding that a cause of action for unjust enrichment can be stated if the defendant knew, or should have known, that the deed of trust was mistakenly reconveyed and that it was not entitled to all the proceeds of the sale, reasoning that restitution may be required when the person benefiting from another's mistake knew about the mistake and the circumstances surrounding the unjust enrichment

  10. Steroid Hormone Product Cases

    181 Cal.App.4th 145 (Cal. Ct. App. 2010)   Cited 144 times   1 Legal Analyses
    Holding that a named plaintiff in a UCL class action under the unlawful prong "must show that he or she suffered injury in fact and lost money or property as a result of the unfair competition" and under the CLRA both the named plaintiff and "unnamed class members must have suffered some damage caused by a practice deemed unlawful"

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,072 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  12. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,978 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,912 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,684 times   68 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  15. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,672 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state

  16. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,429 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  17. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,517 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods

  18. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 570 times   59 Legal Analyses
    Setting labeling requirements for food products

  19. Section 333 - Penalties

    21 U.S.C. § 333   Cited 439 times   39 Legal Analyses
    Defining civil and criminal penalties for violations of Section 331

  20. Section 1782 - Notice and demand to correct, repair, replace or rectify goods or services

    Cal. Civ. Code § 1782   Cited 286 times   5 Legal Analyses
    Providing that no action for damages on behalf of a class of consumers may be maintained if a person alleged to have violated section 1770 shows that he or she has identified and notified the members of the class that he or she will remedy the violations upon request and he or she has ceased or will cease to engage in the violations

  21. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 166 times   10 Legal Analyses
    In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.

  22. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 140 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling

  23. Section 101.14 - Health claims: general requirements

    21 C.F.R. § 101.14   Cited 62 times   6 Legal Analyses
    Defining a health claim as a "claim made on the label or in labeling of a food . . . that expressly or by implication . . . characterizes the relationship of any substance to a disease or health-related condition"

  24. Section 101.54 - Nutrient content claims for "good source," "high," "more," and "high potency."

    21 C.F.R. § 101.54   Cited 58 times   3 Legal Analyses
    Defining "contains"

  25. Section 1.21 - Failure to reveal material facts

    21 C.F.R. § 1.21   Cited 27 times   1 Legal Analyses

    (a) Labeling of a food, drug, device, cosmetic, or tobacco product shall be deemed to be misleading if it fails to reveal facts that are: (1) Material in light of other representations made or suggested by statement, word, design, device or any combination thereof; or (2) Material with respect to consequences which may result from use of the article under: (i) The conditions prescribed in such labeling or (ii) such conditions of use as are customary or usual. (b) Affirmative disclosure of material

  26. Section 101.95 - "Fresh," "freshly frozen," "fresh frozen," "frozen fresh."

    21 C.F.R. § 101.95   Cited 9 times   2 Legal Analyses

    The terms defined in this section may be used on the label or in labeling of a food in conformity with the provisions of this section. The requirements of the section pertain to any use of the subject terms as described in paragraphs (a) and (b) of this section that expressly or implicitly refers to the food on labels or labeling, including use in a brand name and use as a sensory modifier. However, the use of the term "fresh" on labels or labeling is not subject to the requirements of paragraph

  27. Section 136.180 - Whole wheat bread, rolls, and buns

    21 C.F.R. § 136.180   Cited 3 times

    (a) Each of the foods whole wheat bread, graham bread, entire wheat bread, whole wheat rolls, graham rolls, entire wheat rolls, whole wheat buns, graham buns, and entire wheat buns conforms to the definition and standard of identity and is subject to the label statement of ingredients prescribed for bread, rolls and buns by § 136.110 , except that: (1) The dough is made from the optional ingredient whole wheat flour, bromated whole wheat flour, or a combination of these. No flour, bromated flour

  28. Section 136.110 - Bread, rolls, and buns

    21 C.F.R. § 136.110   Cited 3 times

    (a) Bread, white bread, and rolls, white rolls, or buns, and white buns are the foods produced by baking mixed yeast-leavened dough prepared from one or more of the farinaceous ingredients listed in paragraph (c)(1) of this section and one or more of the moistening ingredients listed in paragraphs (c) (2), (6), (7), and (8) of this section and one or more of the leavening agents provided for by paragraph (c)(3) of this section. The food may contain additional ingredients as provided for by paragraph